IP Protection for a Mobile App

So, you’ve worked for months (or years) on getting version
1.0 of your ground-breaking app ready for launch. Before you pull the trigger
on releasing your app to the world it’s best to give some thought on how to
protect the intellectual property that will have been generated over the course
of the app’s development.

Design Rights

A registered design can protect the appearance of a product.
For software products, you may want to consider registering elements of your
graphical user interface. The design registration can relate to individual
icons or an arrangement of icons on a screen. It is, however, important to
appreciate that the scope of protection provided by a registered design will
not cover the functionality of your app – this is the domain of patents.

Patents

Patents are a powerful form of IP protection that can
provide a real obstacle for competitors, particularly if you are able to
acquire patent protection for an essential feature of your app.

There is a common misconception that it is not possible to
patent software, however, this is not the case. As long as you can demonstrate
the required “technical effect” there may be aspects of your app that are
patentable. Generally, the US is seen as more permissive than the UK and Europe
when it comes to software type inventions and a granted patent in the US may be
all you need to give you an edge over your competitors.

Copyright

The code behind your app will be protected by copyright as
will each substantial update of the code. Additionally, the design documents
relating to the software will be protected by copyright. Although copyright
won’t prevent competitors from programming their own apps with similar
functionality to your app, you will be protected against unauthorised copying
and subsequent distribution of your code.

When it comes to IP protection for your app it is best not
to overlook trade marks, particularly if you have a unique brand associated
with the app that is separate from your main company branding. Take a look at
our recent
blog post for information on the requirements for registration of a trade
mark and also for some pointers on how to select your mark.

What’s Next?

Our patent attorneys have experience with all of the above intellectual
property rights and how they apply to mobile apps, and more generally to
computer software.

At Scintilla we offer a free initial meeting, and this can
be all you need to point you in the right direction. For a more detailed
investigation on how design rights, patents, copyright and trade marks could
apply to your mobile app you could consider an IP Audit.

As a final point, both registered designs and patents have a
“novelty” requirement, which means any public disclosures of your app (as will
occur at launch) may prevent you from subsequently acquiring design or patent
protection. Some, but not all, territories offer “grace periods”, however grace
periods should not be relied on in all cases and should merely be thought of as
a back-up.